The appellant herein is the plaintiff before X Additional Chief Judge, City Civil Court, Hyderabad. He filed suit O.S.No.225 of 2016 seeking the relief of specific performance of an oral agreement of sale dated 05.06.2009 with respect to suit schedule property, and also sought injunction against the defendant. When the matter was listed on 06.07.2017, as the plaintiff was not present and as there was no representation on behalf of the plaintiff till 3:'1 5 PM, the suit was dismissed for default. On 11.07.2Q17 (i.e., after four days of default dismissal), the plaintiff filed a restoration petition 1.A.No.768 o't 2017 seeking restoration of the suit O.S.No.225 of 2016, stating that on 06,07,2017 i.e., the date on which the suitwas dismissed for default, the plaintiff could not be present as he had to go to hospital, and that his counsel was held up in a part-heard matter i.e., O.S.No.254 of 20'10 before XXV Additional Chief Judge, City Civil Courts, Hyderabad and that by the time his counsel attended the Court at 4:00 PM, it was informed that the suit was dismissed for default, and therefore the absence of the plaintiff or his counsel when the matter was called on 06.07.2017 was neither wilful nor wanton, and therefore prayed for restoration of the suit, The restoration application also came to be dismissed by order dated 15.12.2020, hence, this Civil Miscellaneous Appeal.
